NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1312
SPONSOR: Sillitti TITLE OF BILL:
An act to amend the executive law, in relation to including the basis of
religious attire and facial hair in the definition of unlawful discrimi-
natory practice
PURPOSE:
To enumerate that unlawful discriminatory practices by a place of public
accommodation includes discrimination based on attire, clothing or
facial hair in accordance with the requirements or practice of an indi-
vidual's religion.
SUMMARY OF PROVISIONS:
Section One makes explicit that it is unlawful for a place of public
accommodation to discriminate against a person based on the wearing of
any attire, clothing or facial hair in accordance with the requirements
or practices of his or her religion.
Section Two provides that this act shall take effect immediately.
JUSTIFICATION:
While religious discrimination been outlawed under both state and feder-
al law for some time, this amendment makes clear that the prohibition
against discrimination in places of public accommodation based on
"creed" includes bias against a patrons religious clothing, facial hair
or attire.
In 2019, the legislature made explicit that it shall be an unlawful
employment practice to discriminate against someone based on the wearing
of attire, clothing or facial hair in accordance with his or her reli-
gion. This legislation is an extension of the 2019 law and applies to
patrons of places of public accommodation by providing them with equal
protection against religious discrimination. This legislation stems from
an incident involving a restaurant establishment, which was reported to
be discriminating against a guest based on his religious attire.
LEGISLATIVE HISTORY:
2021-22: A9304/S980-Referred to Governmental Operations
2019-20: S7004
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately. 01313NEW YORK STATE ASSEMBLY
STATE OF NEW YORK
________________________________________________________________________
1312
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to including the basis of
religious attire and facial hair in the definition of unlawful discri-
minatory practice
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 296 of the execu-
2 tive law, as separately amended by chapters 202 and 748 of the laws of
3 2022, is amended to read as follows:
4 (a) It shall be an unlawful discriminatory practice for any person,
5 being the owner, lessee, proprietor, manager, superintendent, agent or
6 employee of any place of public accommodation, resort or amusement,
7 because of the race, creed, including the wearing of any attire, cloth-
8 ing or facial hair in accordance with the requirements or practice of
9 his or her religion, color, national origin, citizenship or immigration
10 status, sexual orientation, gender identity or expression, military
11 status, sex, disability, marital status, or status as a victim of domes-
12 tic violence, of any person, directly or indirectly, to refuse, withhold
13 from or deny to such person any of the accommodations, advantages,
14 facilities or privileges thereof, including the extension of credit, or,
15 directly or indirectly, to publish, circulate, issue, display, post or
16 mail any written or printed communication, notice or advertisement, to
17 the effect that any of the accommodations, advantages, facilities and
18 privileges of any such place shall be refused, withheld from or denied
19 to any person on account of race, creed, including the wearing of any
20 attire, clothing or facial hair in accordance with the requirements or
21 practice of his or her religion, color, national origin, citizenship or
22 immigration status, sexual orientation, gender identity or expression,
23 military status, sex, disability or marital status, or that the patro-
24 nage or custom thereat of any person of or purporting to be of any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03270-01-3
A. 1312 2
1 particular race, creed, color, national origin, citizenship or immi-
2 gration status, sexual orientation, gender identity or expression, mili-
3 tary status, sex or marital status, or having a disability is unwelcome,
4 objectionable or not acceptable, desired or solicited.
5 § 2. This act shall take effect immediately.
